`571-272-7822
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`Paper 18
`Date: December 4, 2013
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`UNITED STATES PATENT AND TRADEMARK OFFICE
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`_____________
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`____________
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`TOYOTA MOTOR CORPORATION.
`Petitioner,
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`v.
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`AMERICAN VEHICULAR SCIENCES LLC.
`Patent Owner.
`____________
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`Case IPR2013-00419
`Patent 6,772,057
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`Before JAMESON LEE, MICHAEL W, KIM, and LYNNE E. PETTIGREW,
`Administrative Patent Judges.
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`LEE, Administrative Patent Judge.
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`Order
`Conduct of Proceedings
`37 C.F.R. § 42.05
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`IPR2013-00419
`Patent 6,772,057
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`Introduction
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`On December 2, 2013, a conference call was held between respective
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`counsel for the parties and Judges Lee, Kim, and Pettigrew. Counsel for Petitioner
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`requested the conference call to seek authorization to file supplemental evidence,
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`i.e., a declaration of a foreign language translator, to support a foreign language
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`document relied on by Petitioner as prior art. The Patent Owner had, in its
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`Preliminary Response, objected to the certification of translation that was provided
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`by Petitioner in support of the English translation of the document.
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`The Board has not yet determined whether to institute inter partes review in
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`this case.
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`Discussion
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`During the conference, the Board directed attention of the parties to
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`37 C.F.R. § 42.64. Any objection to evidence filed during a preliminary
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`proceeding (prior to institution of trial) must be served within ten business days of
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`institution of trial. 37 C.F.R. § 42.64(b)(1). The party relying on evidence to
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`which an objection is timely served may respond to the objection by serving
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`supplemental evidence within ten business days of service of the objection.
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`37 C.F.R. § 42.64(b)(2). Because the action contemplated by Petitioner is
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`specifically covered by 37 C.F.R. § 42.64(b)(1) and § 42.64(b)(2), the Board
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`instructed the parties to follow the procedure outlined therein.
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`It is ORDERED that Petitioner’s request for authorization to file
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`supplemental evidence prior to institution of trial is denied.
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`Order
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`2
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`IPR2013-00419
`Patent 6,772,057
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`For Petitioner:
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`Matthew Berkowitz
`mberkowitz@kenyon.com
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`For Patent Owner:
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`Thomas Wimbiscus
`Scott McBride
`twimbiscus@mcandrews-ip.com
`smcbride@mcandrews-ip.com
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`3
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